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chap 5 1

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1. Legislature is not merely a law making body.

2. Lawmaking is but one of the functions of the legislature


3. The legislature also helps people in holding the representatives
accountable.
Two Houses of Parliament

1. The term ‘Parliament’ refers to the national legislative.


2. The Parliament in India has two houses- Lok Sabha (Lower
House or house of people) and Rajya Sabha (Upper house or council
of states)
3. When there are two houses of the legislature, it is called a
bicameral legislature
4. Constitution has given the States the option of establishing
either a unicameral or bicameral At present only six States have a
bicameral legislature.
5. States Having bicameral legislative: (i) Andhra Pradesh (ii)
Bihar (iii) Karnataka (iv) Maharashtra (v) Telangana (vi) Uttar
Pradesh.

Rajya Sabha
1. Upper house of parliament
2. Rajya Sabha represents the States of India
3. It is an indirectly elected body
4. Members of the Rajya Sabha are elected for a term of six years.
They can get re-elected.
5. All members of the Rajya Sabha do not complete their terms at
the same time. Every two years, one third members of the Rajya
Sabha complete their term and elections are held for those one third
seats only
6. It is not subject to dissolution . that is why it is also called
permanent house of parliament
7. Members of Rajya Sabha are elected by Elected member of
state legislative assembly
8. Don’t Confuse :- Members of Rajya Sabha are elected by the
Elected MLAs . Members of State legislative Council do not
participate in Rajya Sabha Election.
9. Apart from the elected members, Rajya Sabha also has twelve
nominated members. The President nominates these member.

Lok Sabha
1. Lok Sabha and the State Legislative Assemblies are directly
elected by the people .
2. One representative is elected from each constituency through
universal adult suffrage where the value of vote of every individual
would be equal to another.At present there are 543 constituencies.
This number has not changed since 1971 census
3. The Lok Sabha is elected for a period of five years. This is the
maximum.
Functions of Parliament

1. Law making
2. Legislative Function: The Parliament enacts legislations for the
country
3. Control of Executive and ensuring its accountability
4. Financial Function: If the Government of India proposes
to introduce any new tax, it has to get the approval of the Lok Sabha
5. Debating Function: The Parliament is the highest forum of
debate in the country. There is no limitation on its power of
discussion (Article 105- Parliamentary privilege)
6. Constituent Function: The Parliament has the power of
discussing and enacting changes to the Constitution (Article 368)…All
constitutional amendments have to be approved by a special majority
of both Houses
7. Electoral functions: The Parliament also performs some
electoral functions. It elects the President and Vice President of India
8. Judicial functions: The judicial functions of the Parliament
include considering the proposals for removal of President,
Vice-President and High Courts and Supreme Court
Power Comparison : Lok Sabha vs Rajya Sabha

Lok Sabha Rajya Sabha


Special Powers of Lok
Sabha
· The Rajya Sabha Special Powers of
cannot initiate, Rajya Sabha
reject or amend · Article
money bills. 312 :Parliament
can create new All
· The Council of
india service, if
Ministers is
Rajya Sabha
responsible to the
passes such
Lok Sabha and
resolution
not Rajya Sabha
· Article
· Demand for
249 :Parliament is
grant is exclusive
empowerd to
power of Lok
make laws on state
Sabha
list subjects when
· Rajya Sabha
No-Confidence passes such
motion can be resolution
introduced in
Only LokSabha

Matters on Both Rajya Sabha and Lok Sabha have

equal power

1. Introduction of ordinary bill & Constitutional amendment bill


2. Impeachment of President
3. Enlarge the jurisdiction of Supreme court
How does Parliament makes Law?

4.
The basic function of any legislature is to make laws for its people.
5.
Types of Bill
6.
1. Government Bill : A bill proposed by a minister is
described as Government Bill
2. Private members bill : A bill proposed by member of
parliament who is not minister
3. Money bill : A money bill can be introduced only in Lok
Sabha….. a money bill, the Rajya Sabha can either approve the bill or
suggest changes but cannot reject If it takes no action within 14 days
the bill is deemed to have been passed. Amendments to the bill,
suggested by Rajya Sabha, may or may not be accepted by the Lok
Sabha
4. Non-Money bill:
5. Ordinary bill:
6. Constitutional Amendments bills: bill are proposed to
amend constitution. Must be passed by special majority.
As you know, a bill has to be passed by both Houses for enactment. If
there is disagreement between the two Houses on the proposed bill,
attempt is made to resolve it through Joint Session of Parliament.
Joint Sitting (Article 108)
· Objective : To solve the deadlock
· is called by president for ordinary bill &
financial bill
· presided by speaker.>Dy.Speaker>Dy
Chairman(RS)
· When a bill is referred to a joint sitting
of both houses of the parliament , it has
to be passes by a simple majority of
members present & Voting…
· The provision of joint sitting is
applicable to ordinary bills or financial
bills only and
· not to money bills or Constitutional
amendment bills. (Article 108)..
· provision of joint sitting of the two
houses of Parliament is derived from
Australian Constitution.

1. When a bill is passed by both Houses, it is sent to the President


for his assent. The assent of the President results in the enactment of
a bill into a law
How does Parliament control the Executive?

1. There are many ways in which the Parliament can control the
But basic to them all is the power and freedom of the legislators as
people’s representatives to work effectively and fearlessly (Article 105
Parliamentary privilege)
2. The presiding officer of the legislature has the final powers in
deciding matters of breach of privilege

Instruments of Parliamentary Control


1. Deliberation and discussion
2. Approval or Refusal of laws
3. Financial control
4. No confidence motion : most powerful weapon that enables the
Parliament to ensure executive accountability.
5. Question Hour, which is held every day during the sessions of
Parliament, where Ministers have to respond to searching questions
raised by the members
6. Zero Hour where members are free to raise any matter that
they think is important (though the ministers are not bound to reply)
7. Approval and ratification of laws: Parliamentary control is also
exercised through its power of ratification. A bill can become a law
only with the approval of the parliament.
8. Financial control: Preparation and presentation of budget for
the approval of the legislature is constitutional obligation of the
government.
o The legislature may refuse to grant resources to the
government
9. Thus, the Parliament can effectively control the executive and
ensure a more responsive government
What do the Committees of Parliament do?

1. committees play a vital role not merely in law making, but also
in the day-to-day business of the House
2. Apart from standing committees, the Joint Parliamentary
Committees have occupied a position of eminence in our Joint
Parliamentary Committees (JPCs) can be set up for the purpose of
discussing a particular bill
3. The committee system has reduced the burden on the Many
important bills have been referred to committees
How does the Parliament regulate itself?

1. The presiding officer of the legislature is the final authority in


matters of regulating the business of the legislature.
2. Anti-defection law : An amendment to the Constitution was
made (52nd amendment act) in This is known as anti-defection
amendment. It has also been subsequently modified by the 91st
amendment. The presiding officer of the House is the authority who
takes final decisions on all such cases.
3. If it is proved that a member has ‘defected’, then such member
loses the membership of the House. Besides, such a person is also
disqualified from holding any political office like ministership, etc.

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